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Appeal Decision Hearing Held on 26 May 2021 Site Visit Made on 27 May 2021

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Appeal Decision Hearing Held on 26 May 2021 Site Visit Made on 27 May 2021 Appeal Decision Hearing Held on 26 May 2021 Site visit made on 27 May 2021 by Graham Wyatt BA (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 25 JUNE 2021 Appeal Ref: APP/U2235/W/20/3254230 Chilston Quarry, Sandway Road, Sandway, Kent ME17 1HT • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. • The appeal is made by Miss Kate Holland (Bowyers Field Developments Ltd) against the decision of Maidstone Borough Council. • The application Ref 19/503276, dated 21 June 2019, was refused by notice dated 20 December 2019. • The development proposed is described as an “outline planning application with all matters reserved except ‘Access’ for the construction of 15no. dwellings to include 9no. self-build dwellings and 6no. affordable dwellings together with 1no. unit of groundskeeper accommodation, open space, earthworks, infrastructure and drainage features”. Decision 1. The appeal is dismissed. Preliminary Matters 2. The planning application was submitted in outline form with only access for consideration. Matters relating to appearance, landscaping, layout and scale are reserved for future determination. The appellant has provided an indicative layout which I have treated as illustrative for the purposes of this appeal. 3. Since the Council made its decision, the Lenham Neighbourhood Plan (the LNP) passed its referendum. The Council confirmed at the Hearing that the LNP is due to be made on 18 July 2021. Therefore, the LNP now forms part of the Development Plan and significant weight can be afforded to it. 4. During the hearing I was provided with a signed and completed planning obligation (the planning obligation) to secure affordable housing as part of the development. I was also provided with the Post Examination Draft LNP June 2020 and the Maidstone Strategic Housing Market Assessment 2019 (SHMA). The appellant also provided an email dated 21 May 2021 from Southern Water confirming that there is capacity to accommodate foul water flows from the proposal within existing infrastructure. Main Issues 5. The main issues in this appeal are 1) whether the location of the development is appropriate having regard to the Development Plan, and 2) the effect of the development on the character and appearance of the area. https://www.gov.uk/planning-inspectorate Appeal Decision APP/U2235/W/20/3254230 Reasons Location 6. Policy SS1 of the Maidstone Borough Council Local Plan 2017 (the LP) sets out the Council’s spatial strategy and states that an expanded Maidstone urban area will be the principal focus for development in the borough. The rural service centres and larger villages identified within Policy SS1 will be the secondary focus for housing development. In other areas, protection will be given to the rural character of the area. 7. The appeal site does not lie within any of the areas identified within Policy SS1 of the LP for growth or additional housing development and, for the purposes of the Development Plan, it lies within the countryside. Policy SP17 of the LP states that development within the countryside will not be permitted unless it accords with other policies within the LP. 8. The Council argue that the LP does not support the development at the site as it is within an isolated and unsustainable location, resulting in occupiers of the dwellings being heavily reliant on the private car to access services and facilities. Moreover, it can demonstrate a five year supply of deliverable housing sites, which is not disputed by the appellant, and thus there is no debate that the policies the most important for determining the appeal are not out-of-date. 9. The central core of Sandway lies some 200m to the east of the appeal site and where the main focus of development of the hamlet is concentrated around Headcorn Road, Sandway Road and Old Ham Lane. As the appeal site is immediately to the west of Old Ham Lane, the appellant considers the site is not isolated and thus, paragraph 79 of the National Planning Policy Framework (the Framework) would not apply in this instance. The Council take a contrary view. 10. In considering whether paragraph 79 of the Framework applies I would need to identify the relevant settlement and then decide whether the appeal site is isolated from it. It is evident that the main cluster of dwellings within Sandway form a settlement in their own right and from the aerial photograph within the Council’s written statement, there are dwellings close to and indeed opposite the site and thus, one could objectively argue that the appeal site is not remote from it. 11. However, whether the proposed development would represent isolated homes in the countryside is a matter for the decision taker based on fact and planning judgement, taking into account the particular circumstances of the case in hand. Moreover, the Braintree1 (Braintree) and Bramshill2 judgements reaffirmed that the term “isolated” relates to the site’s location in relation to a settlement and not dwellings. Thus, notwithstanding the presence of dwellings opposite the appeal site, it could still be considered isolated for the purposes of paragraph 79 of the Framework. 12. In considering the word ‘isolated’, Braintree states that it should be given its ordinary objective meaning of "far away from other places, buildings or people; remote". In this instance, although I have carefully considered the Council’s argument regarding the flexible view it took in determining the remoteness of the site, the test is not whether the appeal site forms part of the hamlet of Sandway as 1 Braintree District Council v SSCLG and others [2018] EWCA Civ 610 2 City and Country Bramshill Limited v SSCLG and others [2019] EWHC 3437 (Admin) https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/U2235/W/20/3254230 stated within the Council’s written statement, it is whether or not the site is remote or isolated from the settlement. 13. From the evidence that has been provided and from my visit, the appeal site is very close to dwellings to the east of Old Ham Road and indeed those on Sandway Road that make up the linear form of Sandway as it sprawls west towards the appeal site. I am satisfied that the appeal site is not far away or remote from the settlement of Sandway and therefore, is not isolated from it. Thus, paragraph 79 of the Framework is not a determinative factor in the assessment of the development before me. 14. However, one must also take into account the location of the site in relation to services, facilities and other amenities that one could reasonably expect occupiers of the proposed dwelling to require access to. Sandway as a hamlet offers no services and occupiers would need to travel to Lenham to access such services, or indeed further afield. There are no public transport services close to the appeal site and although there is a footpath in the vicinity, it does not connect the site to Lenham and requires walkers and cyclists to navigate an unlit and narrow road. I attempted to walk part of the route to Lenham and found that steep banks prohibit walkers from finding refuge along some parts of the road which is also fraught with dangers from passing traffic travelling at speed. I would not expect any person with children, a disability or laden with shopping to attempt to navigate either Old Ham Lane or Sandway Road to reach Lenham. 15. I accept that private cars are part of daily life and to seek the compete removal of them from the development would be folly. I also accept that homeworking as a result of the Covid-19 pandemic has increased and is now more commonplace, and that home delivery services are available. However, there is no certainty that occupiers of the dwellings would work from home. Moreover, these matters demonstrate that occupiers of the dwellings would be reliant on such services as home deliveries and it does not remove the reality that there are no sustainable transport modes available within a reasonable and safe walking and cycling distance of the appeal site. Thus, it is highly probable that the private car would be required for every journey into and out of the site to access such services as shopping, education, medical services, employment, recreation and entertainment. 16. Furthermore, taking into account paragraph 78 of the Framework, I am not persuaded that the development would contribute towards the vitality of Sandway as a rural community as it contains very little in terms of local services that need support. Moreover, although there are a wide range of services at Lenham and indeed further afield at Harrietsham, occupiers of the dwellings would be reliant on the private car to access even the most basic of services. 17. I acknowledge that paragraph 103 of the Framework states, amongst other things, that opportunities to maximise sustainable transport solutions will vary between urban and rural areas. Arguably, the lack of options available to the appeal site in terms of access to means of transport other than the private car is reflective of its rural location. However, although the Framework’s statement recognises the challenges rural areas face, it should not be used as a justification for the siting of development in locations that are not well served by sustainable transport options. 18. In addition, whilst the appellant states that electric charging points would potentially provide some choice of travel, given the lack of facilities within walking distance of the site, the distance to the Lenham and the unattractive nature of the road network to walk and cycle, the site's location is not one that is or can be made sustainable, even with the proposed extensions to Lenham that could potentially bring the settlement closer to the appeal site.
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